The Sidewalk Contribution: An Illegal Exaction?

June 6, 2012 - Red Bank - The sidewalk contribution: Almost every developer has come across it at some point. In the typical case, the development fronts on a county or municipal road where sidewalks do not exist. The municipality has a provision in their land use ordinance that requires the installation of sidewalks along the street frontage; however, the requirement can be waived if the installation of the sidewalk is unreasonable or unnecessary (based upon the topography or existing network, for instance). When such a waiver is granted the developer typically has to pay to a sidewalk fund or traffic safety fund for use elsewhere in the municipality. When sidewalks are determined to be unnecessary or impractical as part of a development, does not the requirement of a payment to a fund for installation of sidewalks elsewhere in the municipality constitute an illegal exaction under Municipal Land Use Law (MLUL)?

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Tags: Craig M. Gianetti, Land Use & Development, Real Estate, Redevelopment & Planned Real Estate Development

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